O pragmatismo antiteórico de Richard A. Posner e as respostas da teoria moral para a decisão judicial

Este trabalho apresenta uma análise crítica à forma de se abordar casos jurídicos e proferir decisões judiciais denominada abordagem judicial pragmática, disseminada pelo magistrado e professor norte-americano Richard A. Posner. O objetivo é explicitar suas principais características e contornos, bem como sua repulsa pela teorização abstrata e pelos debates e argumentos morais na decisão judicial. A partir disso, pretende-se refutar parte dessa abordagem pragmática, por meio de argumentos levantados por filósofos morais e profissionais do direito a saber: Ronald Dworkin, Charles Fried, Anthony Kronman, John T. Noonan Jr e Martha C. Nussbaum - em defesa de uma abordagem que prega a inevitável utilização do raciocínio teórico, assim como a argumentação e reflexão moral na resolução de casos difíceis relacionados ao direito. Também será destacado como a repulsa pragmática pela teoria moral e abstrata é incompatível com a conjuntura justeórica contemporânea e como a análise de alguns casos difíceis expõe a falibilidade, ainda que parcial, desse estilo de abordagem pregado por Posner.

Recruitment season, size, and age of young American eels (Anguilla rostrata) entering an estuary near Beaufort, North Carolina

Net catches from 1985–86 to 1994–95 at Pivers Island, North Carolina, indicated that glass-eel stage American eels (Anguilla rostrata) were recruited to the estuary from November to early May, with peak numbers in January, February, and March. There was no declining trend in recruitment over the years of sampling. Except for one year, there was no clear seasonal decrease in mean length. But shorter glass eels were older than longer glass eels, as judged by age within the glass eel growth zone of the otolith, suggesting that smaller fish took longer to arrive. The mean age of glass eels collected from the lower estuary and a freshwater site 9.5 km upriver differed by 8.4 d (36.2 vs. 44.6, respectively). Outer increments (30–35) of the otolith growth zone of glass eels from North Carolina were significantly wider than corresponding increments of otoliths from New Brunswick. Mean total ages of North Carolina, New Jersey, and New Brunswick elvers were 175.4, 201.2, and 209.3 d, corresponding to mean lengths of 55.9, 60.9, and 58.1 mm TL, respectively. The mean durations of glass-eel growth zones (44.6, 62.3, and 69.8) were in close agreement with those from previous studies, but total ages were not. This suggested that perhaps some finer (leptocephalus stage) increments were not detected by light microscopy, differences occurred in seasonal increment deposition, or absorption of the otolith material may have taken place during metamorphosis, rendering the aging of larvae inaccurate. Judging from the long recruitment period and seasonal uniformity in both mean age and length found in our study, the spawning period of American eels may be somewhat more protracted than previously considered.

Chemical analyses of some Ceylon fishes - 2

Sri Lanka is an island surrounded by the Indian Ocean. Many varieties of marine species of fishes are caught in waters surrounding the island. The catches vary from coast to coast with the monsoonal fluctuations. The island is geographically situated in the tropical latitudes of high rainfall. The topographical landscape presents a central cluster of peaks surrounded by vistas of plains. Hence inland water bodies rise and meander in different directions of the country resulting in heterogeneous habitats yielding a host of freshwater fishes. As the different types of marine and freshwater fishes are manifold, an investigation into the nature and constituents of various species from a chemical standpoint was initiated by Lantz and Gunasekera (1957). Their paper was with a view to rendering possible a better commercial utilization of fishes. The present work is an extension of the above with necessary deviations. Lantz and Gunasekera (1957) had published results of 30 species of Sri Lanka fishes. The present paper introduces results of 5 species and investigations are being continued to cover other species. Investigations appearing in this paper were on fish samples obtained from different sales points in Colombo.

Comparison of stabilised/solidified mixes of model drill cuttings based on the North Sea and Red Sea Areas

Following the global stringent legislations regulating the wastes generated from the drilling process of oil exploration and production activities, the management of hazardous drill cuttings has become one of the pressing needs confronting the petroleum industry. Most of the prevalent treatment techniques adopted by oil companies are extremely expensive and/or the treated product has to be landfilled without any potential end-use; thereby rendering these solutions unsustainable. The technique of stabilisation/solidification is being investigated in this research to treat drill cuttings prior to landfilling or for potential re-use in construction products. Two case studies were explored namely North Sea and Red Sea. Given the known difficulties with stabilising/solidifying oils and chlorides, this research made use of model drill cutting mixes based on typical drill cutting from the two case studies, which contained 4.2% and 10.95% average concentrations of hydrocarbons; and 2.03% and 2.13% of chlorides, by weight respectively. A number of different binders, including a range of conventional viz. Portland cement (PC) as well as less-conventional viz. zeolite, or waste binders viz. cement kiln dust (CKD), fly ash and compost were tested to assess their ability to treat the North Sea and Red Sea model drill cuttings. The dry binder content by weight was 10%, 20% and 30%. In addition, raw drill cuttings from one of the North Sea offshore rigs were stabilised/solidified using 30% PC. The characteristics of the final stabilised/solidified product were finally compared to those of thermally treated cuttings. The effectiveness of the treatment using the different binder systems was compared in the light of the aforementioned two contaminants only. A set of physical tests (unconfined compressive strength (UCS)), chemical tests (NRA leachability) and micro-structural examinations (using scanning electron microscopy (SEM), and X-ray diffraction (XRD)) were used to evaluate the relative performance of the different binder mixes in treating the drill cuttings. The results showed that the observed UCS covered a wide range of values indicating various feasible end-use scenarios for the treated cuttings within the construction industry. The teachability results showed the reduction of the model drill cuttings to a stable non-reactive hazardous waste, compliant with the UK acceptance criteria for non-hazardous landfills: (a) by most of the 30% and 20% binders for chloride concentrations, and (b) by the 20% and 30% of compost-PC and CKD-PC binders for the Red Sea cuttings. The 20% and 30% compost-PC and CKD-PC binders successfully reduced the leached oil concentration of the North Sea cuttings to inert levels. Copyright 2007, Society of Petroleum Engineers.

Fourier analysis and gabor filtering for texture analysis and local reconstruction of general shapes

Since the pioneering work of Gibson in 1950, Shape- From-Texture has been considered by researchers as a hard problem, mainly due to restrictive assumptions which often limit its applicability. We assume a very general stochastic homogeneity and perspective camera model, for both deterministic and stochastic textures. A multi-scale distortion is efficiently estimated with a previously presented method based on Fourier analysis and Gabor filters. The novel 3D reconstruction method that we propose applies to general shapes, and includes non-developable and extensive surfaces. Our algorithm is accurate, robust and compares favorably to the present state of the art of Shape-From- Texture. Results show its application to non-invasively study shape changes with laid-on textures, while rendering and retexturing of cloth is suggested for future work. © 2009 IEEE.

Quality of fishmeal processed from sun-dried fish in a commercial fishmeal dryer

The physical and chemical compositions of the raw materials received and the composition and nutritive values of the finished products in a commercial size fish meal plant employing the dry rendering process were studied and reported in this paper.

Geographic and economic setting of Lake Victoria

Lake Victoria, besides being the second largest in the world after Lake Superior, is the largest tropical lake. Its waters are shared by Kenya (6% of the surface area), Uganda (43%), and Tanzania (51%). Before dramatic structural and functional changes manifested in the lake's ecosystem especially in the 1980s, fish life flourished in the lake's entire water column at all times of the year. Currently, the situation is much more different from what it was in the past. The exponential increase in the introduced Nile perch (Lates niloticus) and Nile tilapia (Oreochromis niloticus) stocks, siltation, wetland degradation and eutrophication have characterised the lake ecosystem. The two exotic species and the small native cyprinid (Rastrineobola argentea) form the basis of the commercial fishery that was once dominated by two native tilapiines (Oreochromis esculentus and Oreochromis variabilis) and five other large-bodied endemic fishes. Severe deoxygenation observed at shallow depths (Ochumba 1990; Hecky et al., 1994) indicates that a large volume of the lake is unable to sustain fish life. The Lake Victoria catchment is one of the most densely populated areas in East Africa, encompassing a population of about 30 million people. Widespread poverty resulting from high inflation rates, lack of opportunities and general unemployment have characterised the lakeside communities over much of the last two decades. The biophysical environment in which Lake Victoria exists makes the lake particularly susceptible to changes that occur as a result of human modification to the watershed or the lake itself, thus rendering benefits from the lake unsustainable.

BarraCUDA – a Fast Sequence Mapping Software using Graphics Processing Units

High-throughput DNA sequencing (HTS) instruments today are capable of generating millions of sequencing reads in a short period of time, and this represents a serious challenge to current bioinformatics pipeline in processing such an enormous amount of data in a fast and economical fashion. Modern graphics cards are powerful processing units that consist of hundreds of scalar processors in parallel in order to handle the rendering of high-definition graphics in real-time. It is this computational capability that we propose to harness in order to accelerate some of the time-consuming steps in analyzing data generated by the HTS instruments. We have developed BarraCUDA, a novel sequence mapping software that utilizes the parallelism of NVIDIA CUDA graphics cards to map sequencing reads to a particular location on a reference genome. While delivering a similar mapping fidelity as other mainstream programs , BarraCUDA is a magnitude faster in mapping throughput compared to its CPU counterparts. The software is also capable of supporting multiple CUDA devices in parallel to further accelerate the mapping throughput. BarraCUDA is designed to take advantage of the parallelism of GPU to accelerate the mapping of millions of sequencing reads generated by HTS instruments. By doing this, we could, at least in part streamline the current bioinformatics pipeline such that the wider scientific community could benefit from the sequencing technology. BarraCUDA is currently available at http://seqbarracuda.sf.net

Implementation of shading effect for reconstruction of smooth layerbased 3D holographic images

A holographic rendering algorithm using a layer-based structure with angular tiling supports view-dependent shading and accommodation cues. This approach also has the advantages of rapid computation speed and visual reduction of layer gap artefacts compared to other approaches. Holograms rendered with this algorithm are displayed using an SLM to demonstrate view-dependent shading and occlusion. © 2013 SPIE-IS&T.

Dry oxidation and vacuum annealing treatments for tuning the wetting properties of carbon nanotube arrays.

In this article, we describe a simple method to reversibly tune the wetting properties of vertically aligned carbon nanotube (CNT) arrays. Here, CNT arrays are defined as densely packed multi-walled carbon nanotubes oriented perpendicular to the growth substrate as a result of a growth process by the standard thermal chemical vapor deposition (CVD) technique.(1,2) These CNT arrays are then exposed to vacuum annealing treatment to make them more hydrophobic or to dry oxidation treatment to render them more hydrophilic. The hydrophobic CNT arrays can be turned hydrophilic by exposing them to dry oxidation treatment, while the hydrophilic CNT arrays can be turned hydrophobic by exposing them to vacuum annealing treatment. Using a combination of both treatments, CNT arrays can be repeatedly switched between hydrophilic and hydrophobic.(2) Therefore, such combination show a very high potential in many industrial and consumer applications, including drug delivery system and high power density supercapacitors.(3-5) The key to vary the wettability of CNT arrays is to control the surface concentration of oxygen adsorbates. Basically oxygen adsorbates can be introduced by exposing the CNT arrays to any oxidation treatment. Here we use dry oxidation treatments, such as oxygen plasma and UV/ozone, to functionalize the surface of CNT with oxygenated functional groups. These oxygenated functional groups allow hydrogen bond between the surface of CNT and water molecules to form, rendering the CNT hydrophilic. To turn them hydrophobic, adsorbed oxygen must be removed from the surface of CNT. Here we employ vacuum annealing treatment to induce oxygen desorption process. CNT arrays with extremely low surface concentration of oxygen adsorbates exhibit a superhydrophobic behavior.

Factor analysis and structural equation modelling of sustainable behaviour in contaminated land remediation

Contaminated land remediation has traditionally been viewed as sustainable practice because it reduces urban sprawl and mitigates risks to human being and the environment. However, in an emerging green and sustainable remediation (GSR) movement, remediation practitioners have increasingly recognized that remediation operations have their own environmental footprint. The GSR calls for sustainable behaviour in the remediation industry, for which a series of white papers and guidance documents have been published by various government agencies and professional organizations. However, the relationship between the adoption of such sustainable behaviour and its underlying driving forces has not been studied. This study aims to contribute to sustainability science by rendering a better understanding of what drives organizational behaviour in adopting sustainable practices. Factor analysis (FA) and structural equation modelling (SEM) were used to investigate the relationship between sustainable practices and key factors driving these behaviour changes in the remediation field. A conceptual model on sustainability in the environmental remediation industry was developed on the basis of stakeholder and institutional theories. The FA classified sustainability considerations, institutional promoting and impeding forces, and stakeholder's influence. Subsequently the SEM showed that institutional promoting forces had significant positive effects on adopting sustainability measures, and institutional impeding forces had significant negative effects. Stakeholder influences were found to have only marginal direct effect on the adoption of sustainability; however, they exert significant influence on institutional promoting forces, thus rendering high total effect (i.e. direct effect plus indirect effect) on the adoption of sustainability. This study suggests that sustainable remediation represents an advanced sustainable practice, which may only be fully endorsed by both internal and external stakeholders after its regulatory, normative and cognitive components are institutionalized. © 2014 Elsevier Ltd. All rights reserved.

Light-directed writing of chemically tunable narrow-band holographic sensors

This tunable holographic sensor offers interrogation and a reporting transducer as well as an analyte-responsive hydrogel, rendering it label-free and reusable. A single 6 ns laser pulse is used to fabricate holographic sensors consisting of silver nanoparticles arranged periodically within a polymer film. The tunability of the sensor is demonstrated through pH sensing of artificial urine and validated through computational modeling. © 2014 WILEY-VCH Verlag GmbH & Co. KGaA, Weinheim.

Computational modelling and characterisation of nanoparticle-based tuneable photonic crystal sensors

Photonic crystals are materials that are used to control or manipulate the propagation of light through a medium for a desired application. Common fabrication methods to prepare photonic crystals are both costly and intricate. However, through a cost-effective laser-induced photochemical patterning, one-dimensional responsive and tuneable photonic crystals can easily be fabricated. These structures act as optical transducers and respond to external stimuli. These photonic crystals are generally made of a responsive hydrogel that can host metallic nanoparticles in the form of arrays. The hydrogel-based photonic crystal has the capability to alter its periodicity in situ but also recover its initial geometrical dimensions, thereby rendering it fully reversible and reusable. Such responsive photonic crystals have applications in various responsive and tuneable optical devices. In this study, we fabricated a pH-sensitive photonic crystal sensor through photochemical patterning and demonstrated computational simulations of the sensor through a finite element modelling technique in order to analyse its optical properties on varying the pattern and characteristics of the nanoparticle arrays within the responsive hydrogel matrix. Both simulations and experimental results show the wavelength tuneability of the sensor with good agreement. Various factors, including nanoparticle size and distribution within the hydrogel-based responsive matrices that directly affect the performance of the sensors, are also studied computationally. © 2014 The Royal Society of Chemistry.

Phosphor-conversion white light using InGaN ultraviolet laser diode

We fabricated a phosphor-conversion white light using an InGaN laser diode that emits 405 nm near-ultraviolet (n-UV) light and phosphors that emit in the blue and yellow regions when excited by the n-UV and blue light, respectively.The relationship of the luminous flux and the luminous efficacy of the white light with injection current was discussed. The luminous flux increased linearly with increasing current above the threshold of the laser diode, and at 80 mA injection current, the luminous flux and luminous efficacy were estimated to be 5.7 lm and 13 lm/w, respectively. The shift of the Commission International de I'Eclairage coordinates, color temperature, and color rendering index with current are very slight and negligible, which indicates that the blue and the yellow phosphors have an excellent stability and a highly stable white light can be obtained by this way. (c) 2008 American Institute of Physics.

Synthesis and characterization of ZnO nanorods and nanoflowers grown on GaN-based LED epiwafer using a solution deposition method

We report the growth of hexagonal ZnO nanorods and nanoflowers on GaN-based LED epiwafer using a solution deposition method. We also discuss the mechanisms of epitaxial nucleation and of the growth of ZnO nanorods and nanoflowers. A GaN-based LED epiwafer was first deposited on a sapphire substrate by MOCVD with no electrode being fabricated on it. Vertically aligned ZnO nanorods with an average height of similar to 2.4 mu m were then grown on the LED epiwafer, and nanoflowers were synthesized on the nanorods. The growth orientation of the nanorods was perpendicular to the surface, and the synthesized nanoflowers were composed of nanorods. The micro-Raman spectra of the ZnO nanorods and nanoflowers are similar and both exhibit the E-2 (high) mode and the second-order multiple-phonon mode. The photoluminescence spectrum of ZnO nanostructures exhibits ultraviolet emission centred at about 380 nm and a broad and enhanced green emission centred at about 526 nm. The green emission of the ZnO nanostructures combined with the emission of InGaN quantum wells provides a valuable method to improve the colour rendering index (CRI) of LEDs.